Death order for dog backed / Second animal in fatal attack faces destruction

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2002-01-17 04:00:00 PDT San Francisco -- The state Supreme Court cleared the way yesterday for San Francisco animal control officials to destroy a dog involved in last year's fatal attack on a Pacific Heights woman.

The dog, a Presa Canario named Hera, has been in city custody since the attack last Jan. 26 that killed 33-year-old Diane Whipple. A second Presa Canario, Bane, lunged at Whipple in her apartment building and was put to death shortly afterward.

An administrative hearing officer for the city determined that Hera was dangerous and ordered that she be destroyed as well. An animal rights lawyer challenged the city's process, a move supported by the couple who kept the dogs in the apartment building, Robert Noel and Marjorie Knoller.

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Lower courts ruled in favor of the city, and yesterday the state Supreme Court, without comment, declined to hear the case.

Hera also had been protected for a time as possible evidence in the couple's criminal trial, but a judge ruled last year that the dog need not be kept alive. Knoller is charged with second-degree murder and Noel with manslaughter in Whipple's death.

The final death order for Hera will come this month after a state appeals court releases its stay of execution for the dog.

Noel and Knoller could still take the case before the U.S. Supreme Court. It was unclear yesterday, however, whether the dog will need to be kept alive during that time. The attorney who filed the latest appeal on their behalf, Nedra Ruiz, did not return calls.

David Blatte, the attorney who originally challenged the city, said the ruling was a blow for animal rights. He backed out of the case, he said, because he feared the state high court would hear it, rule against Hera and thus set a precedent upholding vicious-animal hearings.

"This shows, if they did review it, it wouldn't have been a very good outcome," Blatte said. "In general, the law and society treats animals like objects, and until that changes, a dog like Hera is not going to receive a fair hearing from the courts."

Animal control officials had not been officially notified of the ruling yesterday afternoon and so could not say when Hera might be euthanized. They said the administering of the lethal injection would be done out of public view inside the animal shelter.

"It's something that we certainly expected, and we feel vindicated," said Carl Friedman, director of the animal control department. "But it's not a happy day for us. We don't look forward to killing any animal.

"Hera has been here a long time," Friedman said. "I'd like to see the legal wrangling come to the end on this."

An activist who has pushed for the appeal -- raising $275 for a fund -- was saddened to learn of the dog's fate and said she wanted to make sure the dog had a proper burial.

"Hera will be taken care of privately, by people who care for her, and she will be cremated," said Anna Perla Aureoles, who often brings her dog into court during hearings in the criminal case against Knoller and Noel.